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351.090 Mine safety specialists -- Appointment -- Qualifications -- Oath and bond.
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The Governor shall appoint an adequate number of mine safety specialists to ensure
at least two (2) inspections annually at all surface mines, provided the mine is in
operation the entire year or the proportionate thereof, of all mines in the
Commonwealth and sufficient additional mine safety specialists to enable the
commissioner to provide adequate surveillance of coal mines where conditions or
management policy dictate that more inspections are needed to ensure the safety of
miners; except the commissioner shall inspect all underground coal mines not less
than six (6) times annually. Two (2) of the six (6) general inspections of
underground mines shall be full electrical inspections. One (1) or more of the
appointees shall be designated as electrical mine inspectors. The Governor shall
also appoint an adequate number of mine safety specialists to perform safety
analysis and safety instruction. The term of office of each mine safety specialist
shall be during the period of capable, efficient service and good behavior.
All mine safety specialists shall have a thorough knowledge of first aid and mine
rescue and be able to instruct in first aid and mine rescue, and shall possess
thoroughly the knowledge required of the commissioner by KRS 351.060, and shall
have a thorough and practical knowledge of mining gained by at least five (5) years'
experience in coal mines in the Commonwealth. For the purposes of this subsection,
a degree in mining engineering from a recognized institution shall be deemed
equivalent to two (2) years of practical experience in coal mines or an associate
degree in mining technology from a recognized institution shall be deemed
equivalent to one (1) year practical experience in coal mines. A person desiring to
use a mining engineering or technology degree for practical experience credit shall
file proof of having received a degree prior to examination.
No person shall be appointed to the office of mine safety specialist unless he or she
holds a current mine foreman's certificate. A person appointed as mine safety
specialist shall pass an examination administered by the board. The commissioner
may recommend to the Governor applicants for the positions of mine safety
specialist who have successfully passed the examination and are proved by worth,
training, and experience to be the most competent of the applicants.
Mine safety specialists shall be of good moral character and temperate habits and
shall not, while holding office, act in any official capacity in operating any coal
mine.
No reimbursement for traveling expenses shall be made except on an itemized
accounting for the expenses submitted by mine safety specialists who shall verify
upon oath that the expenses were incurred in the discharge of their official duties.
Each mine safety specialist shall take oath, which shall be certified by the officer
administering it. The oath, in writing, and the certificate, shall be filed in the office
of the Secretary of State.
Each mine inspector, mine safety analyst, electrical inspector, and mine safety
instructor shall give bond with surety approved by the Governor.
Each mine safety specialist shall provide authorization to the division to perform a
criminal background check by means of a fingerprint check by the Department of
Kentucky State Police. The results of the state criminal background check shall be
sent to the director of the division. Any fee charged by the Department of Kentucky
State Police shall be an amount no greater than the actual cost of processing the
request and conducting the search.
Effective: June 24, 2015
History: Amended 2015 Ky. Acts ch. 87, sec. 12, effective June 24, 2015. -- Amended
2007 Ky. Acts ch. 94, sec. 4, effective January 1, 2009. -- Amended 2006 Ky. Acts
ch. 185, sec. 9, effective July 12, 2006. -- Amended 2002 Ky. Acts ch. 355, sec. 2,
effective July 15, 2002. -- Amended 2000 Ky. Acts ch. 104, sec. 5, effective July 14,
2000. -- Amended 1998 Ky. Acts ch. 480, sec. 1, effective July 15, 1998. -- Amended
1996 Ky. Acts ch. 308, sec. 5, effective April 9, 1996. --Amended 1984 Ky. Acts ch.
323, sec. 1, effective July 13, 1984. -- Amended 1982 Ky. Acts ch. 370, sec. 3,
effective July 15, 1982. -- Amended 1978 Ky. Acts ch. 301, sec. 2, effective June 17,
1978. -- Amended 1972 Ky. Acts ch. 298, sec. 6. -- Amended 1952 Ky. Acts ch. 162,
sec. 6. -- Amended 1946 Ky. Acts ch. 120, sec. 2. -- Recodified 1942 Ky. Acts ch.
208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 2739-14, 2739-16.
Legislative Research Commission Note (1/1/2009). 2007 Ky. Acts ch. 85, relating to
the creation and organization of the Justice and Public Safety Cabinet, instructs the
Reviser of Statutes to correct statutory references to agencies and officers whose
names have been changed in that Act. Such a correction has been made in this
section.
Legislative Research Commission Note (4/9/96). The action taken with respect to this
statute by 1996 Ky. Acts ch. 308 was to have become effective April 8, 1996, under
Section 51 of that Act. The Act, however, did not become effective until April 9,
1996, when the Governor's signed copy of the Act was filed with the Secretary of
State.
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